Preview
FILED: MONTGOMERY COUNTY CLERK 01/30/2023 04:12 PM INDEX NO. EF2023-49
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/30/2023
At a Term of the Supreme Court, held in and
for the County of Montgomery, City of Fonda,
New York, on theEday of January, 2023
PRESENT: Hon. 864Scs f/4A
J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONTGOMERY
ALPIN HAUS SKI SHOP, INC.,
Plaintiff, ORDER TO SHOW CAUSE
-against- WITH TEMPORARY
RESTRAINING ORDER
BRP US INC.,
Defendant. Index No.: EF2023-49
Plaintiff Alpin Haus Ski Shop, Inc. ("Alpin Haus"), having commenced this proceeding
against Defendant BRP US Inc. ("BRP") on January 26, 2023.
Haus'
NOW, upon reading Alpin Verified Complaint, sworn to on the ay of January,
2023, the Affidavit of Andy Heck, sworn to on the 4,___ day of January, 2023, the Affirmation of
Brian M. Culnan, dated January 22,_, 2023 and all exhibits attached thereto, and due deliberation
having been had thereon, and sufficient cause having been shown therefor,
LET Defendant BRP US Inc. ("BRP") show cause before this Court at the Courthouse
J.:oa PV1
located at 58 Broadway, Fonda, New York, on 4 3 , 2023, at 9e30-e-m., or as soon
thereafter as counsel can be heard, why an Order, pursuant to New York Vehicle and Traffic Law
("VTL") § 463(2)(e)(1), VTL § 469 and/or the common law, should not be made and entered
herein, staying the expiration/non-renewal of a Dealer Agreement between Alpin Haus and BRP
(01179361
2)
1 of 2
FILED: MONTGOMERY COUNTY CLERK 01/30/2023 04:12 PM INDEX NO. EF2023-49
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/30/2023
(Complaint, Ex. A) that is currently scheduled to expire on January 31, 2023, until the final
judgment in this action has been rendered; and it is further
ORDERED, that sufficient reason appearing therefor, Alpin Haus is hereby directed to
serve its Verified Complaint, this Order to Show Cause With Temporary Restraining Order and
Haus'
any papers in support of Alpin current application for a stay upon BRP on or before
f rl4 3 , 2023, by serving a copy of those papers in accordance with the New York Civil
Practice Law and Rules and/or Business Corporation Law pertaining to service upon a corporation;
and it is further
Haus'
ORDERED that BRP's opposition papers, if any, shall be served upon Alpin
9th
attorney, Brian M. Culnan, Esq., O'Connell and Aronowitz, P.C., 54 State Street, Floor,
Haus'
Albany, New York 12207, on or before , 2023, with Alpin reply
papers, if any, to be served on or before /2 r , 2023; and it is further
ORDERED that the expiration of the current Dealer Agreement between Alpin Haus and
BRP (Complaint, Ex. A) is hereby stayed and that agreement shall remain in full force and effect
until this current application is decided, or such later date as may be fixed by the judge to whom
this action is assigned.
Dated: January , 2023
Fonda, New York
SO ORDERED
J.S.C.
ENTERED
01/31/2023
(01179361
2)
2 of 2
Preview
FILED: MONTGOMERY COUNTY CLERK 01/30/2023 04:12 PM INDEX NO. EF2023-49 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/30/2023 At a Term of the Supreme Court, held in and for the County of Montgomery, City of Fonda, New York, on theEday of January, 2023 PRESENT: Hon. 864Scs f/4A J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONTGOMERY ALPIN HAUS SKI SHOP, INC., Plaintiff, ORDER TO SHOW CAUSE -against- WITH TEMPORARY RESTRAINING ORDER BRP US INC., Defendant. Index No.: EF2023-49 Plaintiff Alpin Haus Ski Shop, Inc. ("Alpin Haus"), having commenced this proceeding against Defendant BRP US Inc. ("BRP") on January 26, 2023. Haus' NOW, upon reading Alpin Verified Complaint, sworn to on the ay of January, 2023, the Affidavit of Andy Heck, sworn to on the 4,___ day of January, 2023, the Affirmation of Brian M. Culnan, dated January 22,_, 2023 and all exhibits attached thereto, and due deliberation having been had thereon, and sufficient cause having been shown therefor, LET Defendant BRP US Inc. ("BRP") show cause before this Court at the Courthouse J.:oa PV1 located at 58 Broadway, Fonda, New York, on 4 3 , 2023, at 9e30-e-m., or as soon thereafter as counsel can be heard, why an Order, pursuant to New York Vehicle and Traffic Law ("VTL") § 463(2)(e)(1), VTL § 469 and/or the common law, should not be made and entered herein, staying the expiration/non-renewal of a Dealer Agreement between Alpin Haus and BRP (01179361 2) 1 of 2 FILED: MONTGOMERY COUNTY CLERK 01/30/2023 04:12 PM INDEX NO. EF2023-49 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/30/2023 (Complaint, Ex. A) that is currently scheduled to expire on January 31, 2023, until the final judgment in this action has been rendered; and it is further ORDERED, that sufficient reason appearing therefor, Alpin Haus is hereby directed to serve its Verified Complaint, this Order to Show Cause With Temporary Restraining Order and Haus' any papers in support of Alpin current application for a stay upon BRP on or before f rl4 3 , 2023, by serving a copy of those papers in accordance with the New York Civil Practice Law and Rules and/or Business Corporation Law pertaining to service upon a corporation; and it is further Haus' ORDERED that BRP's opposition papers, if any, shall be served upon Alpin 9th attorney, Brian M. Culnan, Esq., O'Connell and Aronowitz, P.C., 54 State Street, Floor, Haus' Albany, New York 12207, on or before , 2023, with Alpin reply papers, if any, to be served on or before /2 r , 2023; and it is further ORDERED that the expiration of the current Dealer Agreement between Alpin Haus and BRP (Complaint, Ex. A) is hereby stayed and that agreement shall remain in full force and effect until this current application is decided, or such later date as may be fixed by the judge to whom this action is assigned. Dated: January , 2023 Fonda, New York SO ORDERED J.S.C. ENTERED 01/31/2023 (01179361 2) 2 of 2